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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ16748364; ADJ16734273
Regular
Jun 18, 2025

PARK EDDY vs. ACTIVE CAPTIVE MANAGEMENT, ACCIDENT FUND INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The case involved an applicant who sustained industrial injuries and required overnight home healthcare. The central issue was whether the applicant's spouse was appropriate to provide this care. The Workers' Compensation Judge (WCJ) found that the spouse was capable and suitable, relying on their credible testimony and existing case law. The defendant challenged this finding, arguing insufficient medical evidence and questioning the spouse's ability while working. The Appeals Board affirmed the WCJ's decision, finding that the record supported the need for non-skilled attendant care and that the spouse was capable of providing it, noting that the spouse was not currently employed.

Petition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management System (EAMS)Case EventsSent to ReconReport and RecommendationOvernight Nursing CareAttendant CareActivities of Daily Living (ADLs)Credibility Determinations
References
Case No. ADJ14244909
Regular
Apr 25, 2025

YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Applicant Yongquan Hu and defendant Uninsured Employers Benefits Trust Fund (UEBTF) both petitioned for reconsideration of an Amended Findings and Award. The WCJ's initial decision found an industrial injury resulting in permanent total disability and calculated average weekly earnings based on multiple employers. Applicant disputed the wage calculation method, while UEBTF identified an inadvertently omitted week of wages. The Appeals Board granted both petitions, adopting the WCJ's report and amending the decision to reflect corrected average weekly earnings of $1,462.15, leading to a temporary and permanent total disability rate of $974.77 per week.

Workers' Compensation Appeals BoardYongquan HuAmerican Alliance LogisticsInc.Uninsured Employers Benefits Trust FundAdjudication NumberVan Nuys District OfficeOpinion and OrderGranting Petitions for ReconsiderationDecision After Reconsideration
References
Case No. ADJ9307293
Regular
Jan 08, 2016

JUAN GARCIA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Workers' Compensation Appeals Board denied the CCPOA Benefit Trust Fund's petition for reconsideration. The lien claimant sought penalties, alleging bad faith because the defendant sent an award payment directly to the lien claimant instead of its hearing representative. The Board found no evidence of unreasonable delay, noting the payment was timely sent to the address on file and promptly cashed by the lien claimant, constituting substantial compliance. The Board also suggested the lien claimant's multiple claims and penalty requests, despite timely payment, could constitute bad faith.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationBad Faith ActionsHearing RepresentativeSubstantial ComplianceSanctionsLabor Code Section 5700Legal Services BureauCCPOA Benefit Trust Fund
References
Case No. ADJ7047387
Regular
Dec 17, 2012

CECILIA ALAS vs. G & G APPAREL aka B FRIEND, INC., ACE PROPERTY & CASUALTY Administered By ESIS

This case involves a petition for reconsideration filed by a defendant in a workers' compensation matter. The petitioner subsequently withdrew their petition. The Workers' Compensation Appeals Board is dismissing the petition due to its withdrawal. The Board also admonishes the e-filing petitioner for failing to notify the Reconsideration Unit via email of the withdrawal, which led to wasted Board resources.

ADJ7047387Petition for Reconsiderationwithdrawndismissede-filerControl UnitReconsideration UnitEAMS Reference GuideElectronic FilingDWC website
References
Case No. ADJ3861894 (LAO 0834261) ADJ2643996 (LAO 0864275)
Regular
Nov 17, 2008

MARIA DE LEON vs. LAUREL CANYON RETIREMENT, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a prior order approving a compromise and release settlement, claiming a misunderstanding and subsequent medical deterioration. The Workers' Compensation Appeals Board dismissed the petition for reconsideration as untimely, noting it was filed well beyond the statutory deadline. However, the Board remanded the case to the trial level for the applicant's letter to be considered as a petition to reopen and set aside the compromise and release.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationUntimely PetitionRescind OrderSet Aside OrderLabor Code Section 5903Jurisdictional Time LimitWCJReopen
References
Case No. ADJ9660298
Regular
Mar 01, 2017

ZOILA DELGADO vs. EL POLLO LOCO, SAFETY NATIONAL CASUALTY CORPORATION, CORVEL CORPORATION

This case concerns a defendant's petition for removal after a Workers' Compensation Judge denied their request for a replacement Qualified Medical Examiner (QME). The defendant alleged the applicant violated Labor Code section 4062.3 by improperly sending medical records to the QME, which the parties had agreed should be withheld. The Appeals Board granted removal, finding the WCJ's decision was not based on admitted evidence and lacked an Opinion on Decision. The case is returned to the trial level for further proceedings before a new WCJ.

Petition for RemovalReplacement PQME panelLabor Code section 4062.3improperly sent medical recordsQualified Medical ExaminerWCJMinute Orderrescindedreturned to trial leveladmitted evidence
References
Case No. ADJ6575300 ADJ6618808
Regular
Oct 06, 2009

REYNALDO DIATO vs. ADP TOTALSOURCE COMPANY; XXII, INC./RRL/PROVOAST AUTOMATION CONTROLS; AMERICAN HOME ASSURANCE, Administered By SPECIALTY RISK SERVICES

The defendant's petition for reconsideration of a July 16 decision is granted. Further correspondence should be sent to the Workers' Compensation Appeals Board.

DiatoADP TotalSourceXXII Inc.Provoast Automation ControlsAmerican Home AssuranceSpecialty Risk ServicesADJ6575300ADJ6618808Petition for ReconsiderationDecision After Reconsideration
References
Case No. ADJ9495798
Regular
Nov 01, 2017

BASILIO LOPEZ HERNANDEZ vs. LYFE KITCHEN OF CALIFORNIA, LLC, THE HARTFORD

A lien claimant filed a petition for removal after an Order to Appear was issued. The WCJ rescinded the Order to Appear within the statutory timeframe, automatically dismissing the petition for removal. Due to an administrative error, the case was improperly sent to the Appeals Board, which now formally dismisses the petition as moot.

Workers' Compensation Appeals BoardPetition for RemovalOrder to AppearWorkers' Compensation Administrative Law JudgeWCJRescinding OrderLien ClaimantMoot PetitionAdministrative ErrorKatherine Zalewski
References
Case No. ADJ4363797 (SJO 0242100)
Regular
Mar 18, 2011

JOHN TRAN vs. TUN KEE NOODLE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE INTEGRATED SERVICES GROUP

This case involves a Petition for Reconsideration filed by both a lien claimant and the defendant regarding a prior decision. The Workers' Compensation Appeals Board granted reconsideration to allow for a more thorough review of the factual and legal issues. The Board requires further study to ensure a just and reasoned decision. All future communications must be sent to the Appeals Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationTun Kee NoodleCalifornia Insurance Guarantee AssociationCambridge Integrated Services GroupLien ClaimantStatutory Time ConstraintsFactual and Legal IssuesDecision After Reconsideration
References
Case No. ADJ3083395 (BAK 146844)
Regular
Nov 20, 2008

Susan Lindley vs. PANAMA BUENA VISTA UNION SCHOOL DISTRICT

The Workers' Compensation Appeals Board affirmed a finding that an applicant sustained an industrial injury while on paid administrative leave from her employer. The applicant was sent home to await a call from her employer and injured herself while performing a household chore during her paid work hours. The Board applied the "personal convenience" doctrine, deeming the applicant's actions reasonably contemplated by her employment situation.

Workers' Compensation Appeals BoardSusan LindleyPanama Buena Vista Union School Districtbus driver trainerindustrial injuryleft elbowarose out of employmentin the course of employmentpaid administrative leavepersonal convenience doctrine
References
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